An anhydrous ammonia delivery truck experienced a large release of anhydrous ammonia gas after a transfer hose ruptured during the delivery process into above-ground storage tanks.  Anhydrous ammonia is a pressurized gas used by the agricultural industry to fertilize farm fields at the beginning and often at the end of every planting season.  Anhydrous ammonia is extremely potent and toxic, and is applied in very discrete amounts by farmers.  If improperly stored, handled or used, the caustic and corrosive nature of anhydrous ammonia can cause severe damage or death to animals and vegetation, with equally severe effects on humans. 

Photo Captions:  Photo 1 shows the anhydrous ammonia cloud moving from the storage tank across an empty business parking lot; Photo 2 shows site remediation underway, which included soil excavation; and, Photo 3 shows the site after successful site remediation was accepted by the State.

The Misiorowski Law Group was retained by the trucking company after the Illinois Attorney General filed a lawsuit and preliminary injunction following the event.  The lawsuit alleged that the client was responsible for the release and had caused an evacuation in the community, killed fish in a nearby stream, killed livestock at a neighboring meat packing plant, caused impacts to air, water and soil, injured fire fighters who required emergency room treatment, and caused residents to seek medical treatment.  A nearby security video captured the dramatic gas release and became part of the State’s case. 

MLG immediately implemented its Case Management Model to mitigate damages, address all government concerns, and resolve all claims quickly and for as little as possible. MLG located a professional engineering firm with experience in anhydrous ammonia releases and cleanups, and worked with the client to prepare a remediation work plan to clean up the release site.  The Attorney General accepted the work plan, and in less than one month, all remediation at the site was completed.  MLG also ensured that settlements were achieved with all affected members of the community; as a result, no third party lawsuits were filed.

MLG engaged in extensive investigation into the history of operations and accidents at the site of the release, and soon discovered that the facility had experienced a similar size release in the past, with contamination being compounded by water application to the ammonia gas cloud.  MLG then uncovered that the State had begun enforcement action against the company responsible for this prior release, but failed to require any cleanup of contamination.  After intense negotiations with the State, MLG secured a highly favorable settlement, with drastically reduced monetary payment to the State, no admissions of liability for the ammonia release, and other favorable settlement terms for the client.  MLG settlement efforts secured a very favorable resolution for the client while avoiding substantial costs for further discovery, trial, and imposition of penalties.  

VALUE ADDED ACHIEVEMENTS:

• Negotiated drastically reduced monetary payment (83% below State’s demand)

• Settled with all third party claimants and incurred no third party lawsuits

• Completed remediation of contaminated property in short period of time

• Successfully met all objectives of State injunction and received determination of completion from State and court

• Asserted compelling affirmative defenses in protection of client’s interests

• Avoided trial and prolonged discovery, saving client and insurer significant costs

• Prevented client from being forced into bankruptcy

• Achieved other highly favorable settlement terms